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New Jersey Real Estate Law Questions & Answers

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on

Q: A married person passed away without a will and has surviving adult children. Does the surviving husband inherit all?

The couple bought a house in NJ while married and have adult children on their own before they were married.

H. Scott Aalsberg Esq. answered on Sep 12, 2019

The answer really depends on the assets such as if it was only a house, maybe? I suggest setting up a consultation with a lawyer if you need to know your rights.

1 Answer | Asked in Real Estate Law for New Jersey on

Q: Can an owner occupied home new lease renewal not have grace period payment or is this for elderly disabled in nj

Marcel Wurms answered on Sep 9, 2019

There is no requirement for a grace period, unless the tenant is a senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions or other governmental pensions in lieu of Social Security Old Age Pensions, and by recipients of Social Security Disability Benefits,... Read more »

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on

Q: Does this law apply to all renters or only seniors? 2A:42-6.1. Grace period for payment of rent

Marcel Wurms answered on Sep 9, 2019

That clause only applies to senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions or other governmental pensions in lieu of Social Security Old Age Pensions, and by recipients of Social Security Disability Benefits, Supplemental Security Income or benefits under... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on

Q: my landlord locked me out of my house and took my stuff without any of the action notice just told me to be out in one

Call the pennsauken police they told me I had no leg to stand on because we had no lease now I have no belongings and I'm homeless

Marcel Wurms answered on Sep 9, 2019

If you were a tenant, the landlord may not lock you out and may not dispose of your belongings. Go see a local attorney ASAP. If you can't afford one, call Camden County Legal Services.

Disclaimer: The provided information is for informational purposes only. This should not be construed...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Small Claims for New Jersey on

Q: Home contractor installed sump pumps stopped working after 4 months and he stopped responding to calls/emails/texts

We had a contractor help install sump pumps to divert rain water to the sidewalk to prevent potential house flooding a few months ago. In the contract, he mentioned the sump pump would be covered with a 10 year warranty. When the sump pumps stopped working a few months after the install, we reached... Read more »

Marcel Wurms answered on Sep 9, 2019

Hire an attorney to find the contractor, and then you can bring suit. Under the NJ Consumer Fraud law, you are likely entitled to treble damages and attorney fees.

Good luck.

Disclaimer: The provided information is for informational purposes only. This should not be construed as...
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1 Answer | Asked in Real Estate Law for New Jersey on

Q: My tenant broke the lease, but the condo association won't let me re-rent the apartment. What are my landlord rights?

My condo association rules stipulate that landlords are not allowed to re-rent the apartment until the end of the lease. Under NJ law, I believe I have to make a reasonable effort to rent out the apartment, but my condo association restricts this. What can I do? I'd like to avoid going after the... Read more »

Marcel Wurms answered on Sep 9, 2019

It would seem to me that once the tenant broke the lease, that effectively terminated it. However, without seeing the actual lease and condo rules, I can only provide my best guess.

Disclaimer: The provided information is for informational purposes only. This should not be construed as...
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1 Answer | Asked in Real Estate Law for New Jersey on

Q: Can a landlord sue me for past due rent if I moved out 2 years ago?

I signed a lease to rent a home with my mother approx. 5 years ago. The lease was up after one year and we did not renew. We stayed in the home paying rent on a month to month basis. I moved out 2 years ago. Recently my mother fell behind on the rent and the landlord issued a summons against the... Read more »

Leonard R. Boyer answered on Aug 21, 2019

Yes the landlord can sue you, but if that happens, then you can (depending on your overall financial situation) file for bankruptcy.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on

Q: in new jersey can someone give another person their share of a estate

H. Scott Aalsberg Esq. answered on Aug 8, 2019

More information would be needed to properly answer your question but in general once the person dies the person who would get their share of an estate can renounce it or even transfer to someone else

2 Answers | Asked in Divorce, Family Law and Real Estate Law for New Jersey on

Q: Does My Wife (cuz we’re legally married but we’re separated) needs to sign In order to refinance?

I bought a house in NJ (in 2018) and I’ trying to refinance, I’m married (not in the USA) but in a process to get divorced, the house is not the principal matrimonial residence and she is not in the title, because NJ is a Dower State, Does she needs to sign any paper because a dower interest?

Leonard R. Boyer answered on Jul 30, 2019

Unless both parties sign and cooperate, there will be no refinance. However, NJ is an equitable distribution state, not a dower state. The concept of dower is totally irrelevant to NJ law. You need to retain an experienced matrimonial attorney who also practices real estate law to represent you in... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on

Q: My house was foreclosed on a tax lien The people who paid my taxes unknowingly to me did a fraudulent transfer.

They are trying to evict me and I still own the house. Who can help me I need a public defender

D. Mathew Blackburn answered on Jul 16, 2019

Public defenders are not available for civil or administrative matters. You'll need to retain counsel to advise you on your rights and responsibilities.

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on

Q: My mother in law is debt about $100,000 She owns 2 homes outright and believes that the debt dies with her Is she right?

She lives on the rental money from a condo and lives in the other home. We have been trying to have her put the houses in her daughters name but she wont because she uses the tax breaks from owning the homes.

Bruce Alexander Minnick answered on Jun 17, 2019

Maybe not. Depending on the kind of debt, if the creditors want to enforce their rights they can sue your mother's estate (i.e., the houses and ay other assets she owns) after she passes. Consult a collections lawyer.

1 Answer | Asked in Real Estate Law and Banking for New Jersey on

Q: When two co-borrowers own a home in NJ if one person wants to sell and the other doesn't, can a sale be forced?

The remaining mortgage amount is an amount one co-borrower can pay independent of the other co-borrower. (In fact, one co-borrower has always made 100% of the mortgage payments.) One co-borrower is not planning to move; the other had moved away from the home years ago. Both co-borrowers pay real... Read more »

Vincent Gallo answered on May 24, 2019

Under normal circumstances, one person can force the sale of real estate by means of an action in partition.

1 Answer | Asked in Real Estate Law for New Jersey on

Q: If mother and daughter own house together. If mother passes does the sibling have rights to that home

Mother and daughter on deed. Mother passed away does other sibling have rights to mothers home. Or it solely goes to daughter

Vincent Gallo answered on May 9, 2019

A thorough examination of the deed will disclose the answer.

1 Answer | Asked in Real Estate Law for New Jersey on

Q: I am buying the house I rent and currently live in, should security dep be returned to me?

Vincent Gallo answered on May 5, 2019

It should be, provided that when you close you don’t raise issues as to the condition of the house that you may have created.

1 Answer | Asked in Real Estate Law for New Jersey on

Q: Did I abandon my house

My husband and I own a house with my brother-in-law a 50-50 split. in 2014 my husband and I separated for 1 year and have since reconciled. my brother-in-law is claiming that during that year I abandoned the property and I have no say in anything that took place in the house. I believe that since... Read more »

Leonard R. Boyer answered on May 2, 2019

Your brother-in-law is totally wrong. If you cannot amicably resolve the outstanding matters, then you will need to retain an experienced litigation attorney.

1 Answer | Asked in Real Estate Law for New Jersey on

Q: Can I evict a couple in NJ for non payment even if they are in divorce proceedings ?

Leonard R. Boyer answered on May 1, 2019

The divorce is totally irrelevant to any eviction.

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Probate for New Jersey on

Q: In Yesterday's Publication in regards to Wis.Stat. sec. 893.80{1}d , It is the reason that the defendants were dismissed

My Case No. 17-CV-106 in Rusk County used the same defense against my estate to get dismissed from the action . My case is on CCAP and I would like to know how it relates to Judge Andersons reasoning and Oral decision . Please call me at 860-460-7399 . Thank you , Hugh F. McCaffery , Jr.

Bruce Alexander Minnick answered on Apr 25, 2019

If you are wondering why lawyers here on Justia frequently advise people to consult with a lawyer who handles their issue it is because Justia is a free online legal forum established to allow members of the public to ask general legal questions. Most of the lawyers are very experienced successful... Read more »

1 Answer | Asked in Real Estate Law and Banking for New Jersey on

Q: I sold my NY home in Mar. & had paid school & town taxes in Jan. for the year 2019. Am I entitled to a partial refund?

Bruce Alexander Minnick answered on Apr 17, 2019

If you sold your house through a Realtor, lawyer, title company or other closing agent they should have given you a pro rata credit for the 2019 taxes you paid and an offsetting charge against the new owner's proceeds. Look at your closing statement.

1 Answer | Asked in Tax Law, Real Estate Law and Probate for New Jersey on

Q: Will I eventually have to pay inheritance taxes on my own equity investments on home owned by my insolvent mother?

My sister and I together inherited half a summer home from our father. Our mother owns the other half. We want to buy out our mother and we have the funds to cover her half of the equity. But we can’t get a loan to cover the remaining mortgage, because the property is a duplex, not our primary... Read more »

Bruce Alexander Minnick answered on Apr 1, 2019

There are at least four different but related legal issues involved here. One of the answers includes practical advice which if followed could eliminate all other issues. Consider hiring a good lawyer to help you chart a path through this minefield.

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for New Jersey on

Q: We want to buyout our mother, but her name must remain on the dead. How can we make it so that she has < 1% ownership?

My sister and I each inherited 1/4 of a vacation property in Brigantine NJ upon our father’s death. Our mother owns the other half. My sister and I have been paying the mortgage for 5 years now and we want to invest a large amount of money on repairs and improvements. We want to buyout our... Read more »

Leonard R. Boyer answered on Mar 30, 2019

Your question is far too fact specific and beyond the scope of this forum. Your situation will require an in person consultation and detailed analysis. This is beyond the scope of what most attorneys would handle in a free consultation. This is a very complex situation, more so than you probably... Read more »

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